People v. Powler

Michigan Supreme Court

People v. Powler

105 N.W. 611, 142 Mich. 225, 1905 Mich. LEXIS 670

CourtMichigan Supreme Court

DecidedDecember 4, 1905

DocketDocket No. 241

StatusPublished

Cited by2 cases

This text of 105 N.W. 611 (People v. Powler) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Powler, 105 N.W. 611, 142 Mich. 225, 1905 Mich. LEXIS 670 (Mich. 1905).

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Opinion

Grant, J.

The respondent in this case was the one impleaded with the respondent in People v. Scofield, ante, 221, in which an opinion is handed down herewith. The proceedings before the court were the same in both cases. As it was'decided in People v. Calvin, 60 Mich. 119, that the common-law crime of robbery is superseded [226]*226in this State by the statute, it follows that the finding and commitment do not describe any crime known to the law of Michigan. Had the court found respondent guilty of assault with intent to rob, the conviction could have been sustained under several decisions. People v. Blanchard, 136 Mich. 146, and authorities there cited. See, also, People v. Calvin, supra.

Section 11486, 3 Comp. Laws, defines robbery when not armed with a dangerous weapon: It is not contended that respondent was sentenced under this statute, or pleaded guilty to that crime.

Judgment reversed, and new trial ordered.

Blair, Montgomery, Ostrander, and Hooker, JJ., concurred.

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Grant, J.

The respondent in this case was the one impleaded with the respondent in People v. Scofield, ante, 221, in which an opinion is handed down herewith. The proceedings before the court were the same in both cases. As it was'decided in People v. Calvin, 60 Mich. 119, that the common-law crime of robbery is superseded [226]*226in this State by the statute, it follows that the finding and commitment do not describe any crime known to the law of Michigan. Had the court found respondent guilty of assault with intent to rob, the conviction could have been sustained under several decisions. People v. Blanchard, 136 Mich. 146, and authorities there cited. See, also, People v. Calvin, supra.

Section 11486, 3 Comp. Laws, defines robbery when not armed with a dangerous weapon: It is not contended that respondent was sentenced under this statute, or pleaded guilty to that crime.

Judgment reversed, and new trial ordered.

Blair, Montgomery, Ostrander, and Hooker, JJ., concurred.

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Bluebook (online)

105 N.W. 611, 142 Mich. 225, 1905 Mich. LEXIS 670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-powler-mich-1905.

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